بسم الله الرحمن الرحيم
" … we wold like our
people to know also that we love them more than ourselves and that we wish to
sacrifice our souls for their honour, glory, dignity, religion and their
aspirations, we work for people only for God's sake more than we work for
ourselves; we are for- our belover brothers- and we will never be against
you".
Imam Hassan Al Banna.
*******
HRW Demands Egyptian
Gov't to
"Re-arresting
these men moments after their acquittal shows a complete contempt for the rule
of law and shocking disrespect for the court" "This escalation in the
crackdown on the Muslim Brotherhood has worrying implications for anyone who
peacefully campaigns for change." said Sarah Leah Whitson,
Human Rights Watch has collected the names of 226 members of the
banned, nonviolent organization,
Security forces originally arrested Khairat
al-Shatir, deputy supreme guide of the Muslim Brotherhood, and 16 other
prominent members of the organization in simultaneous predawn raids on December
14, along with more than 140 students from
On January
29, a
The judge in his ruling specifically called on the government to
respect his decision.
The government ignored the judge's order. Moments after their
acquittal, al-Shatir and 15 other senior members were re-arrested by the
police.
On February 6, President Hosni Mubarak,
acting in his capacity as commander of the military, transferred their cases
and those of 24 other Muslim Brotherhood members to a military tribunal.
"Re-arresting these men moments after their acquittal
shows a complete contempt for the rule of law and shocking disrespect for the
court," said Sarah Leah Whitson,
"This escalation in the crackdown on the Muslim Brotherhood has
worrying implications for anyone who peacefully campaigns for change."
In 1995, in advance
of parliamentary elections in that year, the government arrested many senior
members of the Muslim Brotherhood and referred their cases to military court,
which convicted them of nonviolent offenses and sentenced them to prison terms
of up to five years.
As a state party to the International Covenant on Civil and Political
Rights (ICCPR),
Article 14 of the ICCPR requires "a
fair and public hearing by a competent, independent and impartial tribunal
established by law," and the right to review of any conviction and
sentence by a higher tribunal.
The Human
Rights Committee ? the body authorized to monitor compliance with the ICCPR,
which
In
"Al-Shatir
and the other Muslim Brotherhood members should never have been arrested in the
first place," Whitson said.
"Now that an independent court has said as much, the government is
resorting to a military tribunal to deliver the desired verdict."
This most recent crackdown began last spring, when the Muslim
Brotherhood lent its support to judges campaigning for judicial independence
and clean elections.
Over
subsequent months, security forces detained at least 792 members of the
organization, many of them without charge.
The crackdown accelerated after students affiliated with the
organization on December 10 protested the conduct of student union elections at
Though the students later apologized for the demonstration and leaders
stressed that the group has no militia and is committed to peaceful change,
hundreds of members have since been arrested.
On January 28, public prosecutor 'Abd
al-Magid Mahmud ordered al-Shatir's assets,
and those of 28 other members of the Muslim Brotherhood, frozen on the grounds
that they financed a banned organization.
The acceleration in arrests coincides with an escalation in the
political confrontation between the Muslim Brotherhood and the government.
In an interview released January 11, President
Mubarak called the Muslim Brotherhood "a threat to national
security." Soon after, the group's supreme guide, Mahdi 'Akef, said
that the group would apply for the first time to register as a legal political
party in response to proposed constitutional amendments that would exclude
Muslim Brotherhood-affiliated candidates from future elections, including
elections for the upper house of Parliament this spring.
On January 26, Interior Minister Habib
al-'Adli, responding on state television to a journalist's erroneous
assertion that the Muslim Brotherhood claims 3,000 of its members are in
prison, rejected the claim, but suggested that the government should
"complete that number," apparently by arresting hundreds more.
"By trying to crush
"All political parties and groupings in
According to the Muslim Brotherhood, the following members of the group
were detained as of
Facing Military Trial:
1. Muhammad Khairat Sa'd 'Abd al-Latif
al-Shatir,
2. Ayman Ahmad 'Abd al-Ghani Hasanain,
3. Ahmad 'Iz al-Din Ahmad Muhammad
al-Ghul,
4. Mahmud Ahmad Muhammad Abu Zaid,
5. Salah al-Dusuqi Ammar Murad,
6. Isam Abd al-Muhsin Afifi Muhammad,
7. Yasir Mahmud Muhammad Abdo,
8. Sadiq 'Abd al-Rahman Sadiq
al-Sharqawi,
9. Mamduh Ahmad 'Abd al-Mu'ti al-Husaini,
10. Sayyid Ma'ruf Abu al-Yazid Musbah,
11. Fathi Muhammad Baghdadi 'Ali
Muhammad,
12. Mahmud al-Mursi Muhammad Qawra,
13. Muhammad Muhanna Hasan Musa,
14. Gamal Mahmud Sha'ban al-Sayyid,
15. Farid 'Ali Ahmad Galabat,
16. Mustafa Muhammad Mahmud Salim,
17. Muhammad 'Ali Fathi Yalbagh,
18. Ahmad Mahmud Muhammad Shusha,
19. Ahmad Ashraf Muhammad Mustafa 'Abd
al-Warith,
20. Hasan 'Iz al-Din Yusif Malik,
21. Muhammad Mahmud Hafith Muhammad,
22. Muhammad 'Ali Isma'il Bashar,
al-Munufiyya governorate, Tura Prison
23. Midhat Mahmud Ahmad al-Hadad,
24. Usama 'Abd al-Muhsin 'Abdullah
Shirbi,
25. Khalid 'Abd al-Qadir 'Ali 'Oda,
26. 'Abd al-Rahman Muhammad Muhammad
Mustafa Sa'udi,
27. 'Isam 'Abd al-Halim Ibrahim Hashish,
28. Diya' al-Din al-Sayyid 'Abd al-Magid
Farahat,
29. Mahmud 'Abd al-Latif 'Ali 'Abd
al-Gawwad,
30. Sa'id Sa'd 'Ali 'Abdo, Kafr
al-Shaikh governorate, Tura Prison
31. Ahmad Ahmad Ahmad al-Nahhas,
32. Amir Muhammad Bissham al-Naggar,
al-Sharqiyya governorate, Tura Priso
Not facing military trial as of February 13, 2007:
33. 'Abd al-Rahman Gad
al-Rab Muhammad Ibrahim, al-Minya governorate, Tura Prison
34. 'Abd al-Rahman Ramadan Shahin
al-Musailahi,
35. Muhammad Ahmad Muhammad al-Dahawi,
al-Munufiyya governorate, Tura Prison
36. Muhammad 'Ali 'Ali al-Garrahi,
al-Daqahliyya governorate, Tura Prison
37. Islam Basyuni Basyuni al-Qa'id,
Buhaira governorate, Tura Prison
38. Muhammad Sa'd Ibrahim al-'Isawi,
al-Gharbiyya governorate, Tura Prison
39. Ahmad al-Shazli 'Abd al-Gawwad
Khalil,
40. 'Abdullah Sa'id 'Abdullah Muhammad
Salim, al-Sharqiyya governorate, Tura Prison
41. Muhammad Gum'a 'Obaid 'Abd al-Ghani,
al-Sharqiyya governorate, Tura Prison
42. Mahmud al-Sayyid Muhammad al-Sayyid,
al-Gharbiyya governorate, Tura Prison
43. Muhammad Muhammad Fathi Ibrahim,
al-Sharqiyya governorate, Tura Prison
44. Hisham Abu Bakr Muhammad 'Ali Rashid,
al-Gharbiyya governorate, Tura Prison
45. 'Abd al-Latif Muhammad 'Abd al-Mu'ti
'Abd al-Latif, al-Gharbiyya governorate, Tura Prison
46. Hamada Muhammad Nur 'Iyad,
al-Gharbiyya governorate, Tura Prison
47. Mahmud Abu al-Hamd Mahmud Shaf'i,
Fayum governorate, Tura Prison
48. Muhammad Mahmud Muhammad Mahmud
al-Naggar, Fayum governorate, Tura Prison
49. Muhammad Gamal Kamal al-Shalaqani,
Fayum governorate, Tura Prison
50. Usama Mustafa 'Abd al-Wahhab 'Abd
al-'Aziz, Fayum governorate, Tura Prison
51. Muhammad Hilmi Ahmad Dusuqi,
Kafr al-Shaikh governorate, Tura Prison
52. Muhammad Mustafa Muhammad Shalata,
al-Munufiyya governorate, Tura Prison
53. Tariq Sa'id Muhammad al-Mishd,
al-Gharbiyya governorate, Tura Prison
54. Yasir Muhammad Yasir Muhammad 'Abd
al-Halim, al-Sharqiyya governorate, Tura Prison
55. Muhammad Fu'ad 'Abd al-Magid
al-Rifa'i, al-Daqahliyya governorate, Tura Prison
56. Muhammad 'Awad al-Mursi Isma'il,
57. Muhammad Galal 'Abd al-Mun'im Shamya,
al-Gharbiyya governorate, Tura Prison
58. Mahmud Gamal Mahmud Shibli,
al-Gharbiyya governorate, Tura Prison
59. Walid Shahir al-Din al-Gali 'Abd
al-Salam, Kafr al-Shaikh governorate, Tura Prison
60. Ahmad Shawqi Husain al-Barbari,
al-Gharbiyya governorate, Tura Prison
61. Muhammad 'Adil 'Abd al-'Aziz
al-'Ishri, al-Gharbiyya governorate, Tura Prison
62. Muhammad Tariq Ahmad Hashim, Buhaira
governorate, Tura Prison
63. Ahmad Muhammad Kamil Muhammad 'Ali,
Suhag governorate, Tura Prison
64. Ahmad Husain Mahmud Sab',
al-Daqahliyya governorate, Tura Prison
65. Ahmad Muhammad Qotb Siyam,
al-Gharbiyya governorate, Tura Prison
66. Mahmud Matar Mahmud Sabbah,
67. Ahmad Tharwat al-Sayyid 'Ataya,
Suhag governorate, Tura Prison
68. Ahmad Gad al-Karim 'Abd al-Rahim
'Uthman, Suhag governorate, Tura Prison
69. 'Abdullah Muhammad Ahmad al-Murshidi,
Kafr al-Shaikh governorate, Tura Prison
70. Al-Mun'asim Billah 'Imad 'Ashur
al-Barbari,
71. Ahmad Mustafa 'Abd al-Qadir 'Uthman,
al-Sharqiyya governorate, Tura Prison
72. Muhammad 'Abd al-Hadi Ramadi 'Abd
al-Hadi, Fayum governorate, Tura Prison
73. 'Abd al-Sitar Muhammad 'Abd
al-Mun'im Muhammad Khair al-Din, al-Qalubiyya governorate, Tura Prison
74. Ahmad 'Abd al-Sitar 'Abd al-Wahhab
'Abd al-Gawwad, Bani Suwaif governorate, Tura Prison
75. Ahmad Sulaiman Farag 'Oda,
Isma'iliyya governorate, Tura Prison
76. Hassan Muhammad Hassan Muhammad
'Awwad, al-Daqahliyya governorate, Tura Prison
77. Walid 'Abd al-Mutagalli Mukarram
Allah Ahmad,
78. Rami Sayyid Mahmud Ibrahim,
al-Qalubiyya governorate, Tura Prison
79. 'Amr Abu Sari' Husain,
80. Ahmad al-Tayyib Muhammad Abu al-Magd,
Qina governorate,
Tura Prison
81. 'Abdullah Muhammad Sa'd Sukkar,
al-Sharqiyya governorate, Tura Prison
82. 'Atiyya Khairi Muhammad Abu al-'Ila,
al-Gharbiyya governorate, Tura Prison
83. Ahmad al-Baili 'Abd al-Bari 'Ali,
al-Daqahliyya governorate, Tura Prison
84. Muhammad al-Mutawalli Muhammad
Ibrahim Khayal, al-Daqahliyya governorate, Tura Prison
85. Muhammad Sabir Ibrahim 'Obaid,
86. Ahmad Fathi 'Ula 'Ula 'Awad,
al-Daqahliyya governorate, Tura Prison
87. Khalil Husain Khalil,
al-Gharbiyya governorate, Tura Prison
88. Mu'ath 'Adil 'Abd al-'Aziz al-'Ishri,
al-Gharbiyya governorate, Tura Prison
89. 'Atiyya Muhammad 'Atiyya Ibrahim
al-Bayyumi, al-Sharqiyya governorate, Tura Prison
90. Ahmad Hasan al-Sayyid 'Abd al-Hadi,
al-Munufiyya governorate, Tura Prison
91. Zaki Ahmad Zaki Muhammad,
Buhaira governorate, Tura Prison
92. Hani Ahmad Bakr 'Allam,
al-Daqahliyya governorate, Tura Prison
93. Muhammad al-Sayyid Ahmad Ahmad
Kanani, al-Daqahliyya governorate, Tura Prison
94. Mahmud Sha'ban Zakariyya 'Uwais,
Bani Suwaif governorate, Tura Prison
95. Muhammad 'Abd al-Ra'uf 'Ali Ahmad,
96. Gamal Muhammad 'Ali 'Abd al-Rahim,
Suhag governorate, Tura Prison
97. Muhammad al-Sa'id 'Abd al-Rahman
Tayil, Kafr al-Shaikh governorate, Tura Prison
98. 'Abd al-Rahman Mustafa 'Abd
al-Wahhab, Fayum governorate, Tura Prison
99. Usama Ahmad 'Id 'Abdullah, Bani
Suwaif governorate, Tura Prison
100. Muhammad Hasan Muhammad al-Banna,
Buhaira governorate, Tura Prison
101. Sa'id Ragab Shilqami, Bani
Suwaif governorate, Tura Prison
102. Kamil al-Sayyid Ahmad Ibrahim,
al-Daqahliyya governorate, Tura Prison
103. Hatim 'Abd al-Hamid Muhammad
Ibrahim, al-Sharqiyya governorate, Tura Prison
104. 'Amro Tal'at Mahmud 'Abd al-Karim,
Buhaira governorate, Tura Prison
105. Husain Ishaq Muhammad Ibrahim,
Fayum governorate, Tura Prison
106. 'Isam Ibrahim Abu al-Yazid 'Arafa,
al-Gharbiyya governorate, Tura Prison
107. 'Abd al-Hamid al-Sa'id 'Abd
al-Hamid al-Salakhawi, al-Daqahliyya governorate, Tura Prison
108. Muhammad Ahmad Muhammad al-Taya,
109. Gamal Ibrahim 'Ali al-Samahi,
Kafr al-Shaikh governorate, Tura Prison
110. Muhsin Muhammad Mahmud 'Umara,
al-Sharqiyya governorate, Tura Prison
111. Ahmad Muhammad 'Abd al-Ra'uf,
Suhag governorate, Tura Prison
112. Muhammad Ibrahim Ibrahim al-Tahan,
Buhaira governorate, Tura Prison
113. Karam 'Umran 'Abd al-Rahman
al-Siddiq, Qina governorate, Tura Prison
114. 'Adil 'Abd al-Rahim Yunis 'Abd
al-Rahim, Buhaira governorate, Tura Prison
115. Ahmad al-Sayyid Fahim Hamam,
al-Daqahliyya governorate, Tura Prison
116. 'Ali al-Sayyid 'Abd al-Ra'uf 'Ali
Abu Si'da, Kafr al-Shaikh governorate, Tura Prison
117. 'Umran 'Abd al-Magid 'Abd al-Latif
'Umran,
118. Sa'd Amin Sa'd Makki, al-Gharbiyya
governorate, Tura Prison
119. Ashraf Ahmad 'Uthman,
al-Daqahliyya governorate, Tura Prison
120. Ahmad 'Abd al-'Ati Ahmad Isma'il,
Bani Suwaif governorate, Tura Prison
121. Muhammad 'Abd al-'Aziz Zaidan 'Abd
al-'Aziz, al-Daqahliyya governorate, Tura Prison
122. Muhammad 'Abd al-Mun'im Gum'a
Shahin, Buhaira governorate, Tura Prison
123. 'Abd al-Munsaf Mustafa 'Abd
al-Wahhab, al-Gharbiyya governorate, Tura Prison
124. Ahmad 'Atif Muhammad Mahmud,
Fayum governorate, Tura Prison
125. Muhammad Ibrahim 'Ali Ibrahim Abu
al-Naga, Kafr al-Shaikh governorate, Tura Prison
126. Hazim Muhammad Ahmad Muhammad,
Fayum governorate, Tura Prison
127. Ahmad al-Husaini al-Sayyid Ahmad,
al-Sharqiyya governorate, Tura Prison
128. Saddam Khattab Labib Badawi,
Kafr al-Shaikh governorate, Tura Prison
129. Usama al-Baz Radi Muhammad,
al-Mansura Prison, Tura Prison
130. Wa'il Taha al-Sinusi Higazi,
al-Munufiyya governorate, Tura Prison
131. 'Imad al-Din Ahmad Hasanain Higazi,
al-Gharbiyya governorate, Tura Prison
132. 'Ammar Muhammad 'Abd al-'Athim 'Abd
al-Magid, al-Sharqiyya governorate, Tura Prison
133. Ibrahim Hasan Muhammad Zaghlul,
Kafr al-Shaikh governorate, Tura Prison
134. Muhammad 'Atif Muhammad al-Sayyid
al-Qusbi, Buhaira governorate, Tura Prison
135. Taha Mulhim Hin 'Abd al-'Aziz,
al-Daqahliyya governorate, Tura Prison
136. Samih Higazi Muhammad 'Abdullah,
Buhaira governorate, Tura Prison
137. Sahib Muhammad Shawkat 'Ali al-Malt,
al-Sharqiyya governorate, Tura Prison
138. Mu'ath Muhammad Shafiq 'Awadallah,
al-Sharqiyya governorate, Tura Prison
139. Hamdi 'Abd al-Magid Isma'il Hamid,
al-Gharbiyya governorate, Tura Prison
140. Muhammad 'Abd al-Magid Muhammad
Mustafa, al-Sharqiyya governorate, Tura Prison
141. Samih Ahmad Ma'mun al-Baltagi,
al-Daqahliyya governorate, Tura Prison
142. Islam Ahmad Ibrahim al-Dusuqi,
al-Munufiyya governorate, Tura Prison
143. Rida Mustafa 'Awad Ibrahim,
al-Sharqiyya governorate, Tura Prison
144. Muhammad Salah Mustafa 'Abd
al-Rahim, Buhaira governorate, Tura Prison
145. Mahmud Fathi Salim 'Ali,
al-Sharqiyya governorate, Tura Prison
146. Ahmad Bindari Ibrahim Muhammad,
al-Sharqiyya governorate, Tura Prison
147. Rabi' Mu'awwad Ragab Yusif,
Bani Suwaif governorate, Tura Prison
148. Muhammad Muhammad Ahmad 'Abd
al-Khaliq, Suhag governorate, Tura Prison
149. Walid 'Abd al-Tawwab 'Abd al-Gawwad
Muhammad, Fayum governorate, Tura Prison
150. Yihya al-Sayyid Ibrahim Muhammad,
al-Sharqiyya governorate, Tura Prison
151. Gamal Tal'at Sa'id Muhammad,
al-Sharqiyya governorate, Tura Prison
152. Ibrahim Nasr al-Din Sayyid Hasan,
al-Qalubiyya governorate, Tura Prison
153. Ahmad Muhammad Ahmad 'Abd al-Ma'bud,
Fayum governorate, Tura Prison
154. Mustafa Hasan Salama,
al-Sharqiyya governorate, Tura Prison
155. Muhammad Ahmad 'Abd al-Rahman
al-Naggar, al-Sharqiyya governorate, Tura Prison
156. Mahmud Muhammad Husain Ahmad,
Qina governorate, Tura Prison
157. Wahdan Muhammad Hasan Musallam,
Kafr al-Shaikh governorate, Tura Prison
158. Ibrahim Rabi' Ibrahim, al-Minya
governorate, Tura Prison
159. Wa'il Guda Muhammad Ibrahim,
al-Sharqiyya governorate, Tura Prison
160. Yusri al-Sayyid Mustafa Shihata,
al-Munufiyya governorate, Tura Prison
161. Ahmad Muhammad Mahmud Abu Hasan,
Buhaira governorate, Tura Prison
162. Mustafa Fathi Mustafa Fathi Farag
Yunis, al-Munufiyya governorate, Tura Prison
163. 'Abd al-Mun'im Muhammad Hasan
al-Badawi, Kafr al-Shaikh governorate, Tura Prison
164. Basyuni Muhammad 'Abd al-Raziq,
Kafr al-Shaikh governorate, Tura Prison
165. Ahmad Muhammad Sa'd Ramadan,
Kafr al-Shaikh governorate, Tura Prison
166. Mahmud Ahmad Fu'ad al-Sayyid
al-Shami, al-Gharbiyya governorate, Tura Prison
167. Al-Sayyid al-Sayyid Ahmad Salim,
al-Sharqiyya governorate, Burg al-'Arab Prison
168. Baha' Muhammad 'Abd al-Rahman,
al-Sharqiyya governorate, Burg al-'Arab Prison
169. Tal'at Salah al-Din Husain,
al-Sharqiyya governorate, Burg al-'Arab Prison
170. Al-Shabrawi Muhammad al-Shabrawi,
al-Sharqiyya governorate, Burg al-'Arab Prison
171. 'Ali 'Abd al-Ra'uf Isma'il,
al-Sharqiyya governorate, Burg al-'Arab Prison
172. Munir Ahmad Mabruk Hatata,
al-Munufiyya governorate, Burg al-'Arab Prison
173. Muhammad Fahim Muhammad Tahun,
al-Munufiyya governorate, Burg al-'Arab Prison
174. Ramadan 'Abd al-Hamid 'Abd
al-Gawwad Isma'il, al-Daqahliyya governorate, Burg al-'Arab Prison
175. Fakhr al-Din al-Rifa'i Ahmad Ghanim,
al-Daqahliyya governorate, Burg al-'Arab Prison
176. Hamam Muhammad Ibrahim 'Abd
al-Fattah, al-Daqahliyya governorate, Burg al-'Arab Prison
177. 'Abd al-Fattah Qasim 'Abd al-Fattah
Badr, al-Daqahliyya governorate, Burg al-'Arab Prison
178. 'Abd al-'Athim Husain Shaltut,
al-Gharbiyya governorate, Wadi al-Natrun Prison
179. Mahmud Muhammad Sulaiman Mahgub
Rihab, al-Gharbiyya governorate, Wadi al-Natrun Prison
180. Khalid Hashim 'Abd al-Qadir Rihab,
al-Gharbiyya governorate, Wadi al-Natrun Prison
181. Muhammad 'Ali Dirgham,
al-Gharbiyya governorate, Wadi al-Natrun Prison
182. Muhammad Yusif al-Shura,
al-Gharbiyya governorate, Wadi al-Natrun Prison
183. Ayman Mahmud Shura al-Shaf'i,
al-Gharbiyya governorate, Wadi al-Natrun Prison
184. Wahid 'Abd al-Muhsin al-Qazaz,
al-Gharbiyya governorate, Wadi al-Natrun Prison
185. '
186. Muhammad Ahmad 'Abd al-Ghani
Hasanain, al-Sharqiyya governorate, Wadi al-Natrun Prison
187. 'Abdullah Guda al-Bahrawi,
al-Sharqiyya governorate, Wadi al-Natrun Prison
188. Yasir Rushdi Muhammad Yusif,
al-Sharqiyya governorate, Wadi al-Natrun Prison
189. Muhammad 'Abd al-Rahim Habib,
al-Sharqiyya governorate, Wadi al-Natrun Prison
190. Amir Muhammad Bassam, al-Sharqiyya
governorate, Wadi al-Natrun Prison
191. Muhsin Anwar Qahwa,
al-Sharqiyya governorate, Wadi al-Natrun Prison
192. Muhammad 'Izzat, al-Sharqiyya
governorate, Wadi al-Natrun Prison
193. Mahir 'Abd al-Latif,
al-Sharqiyya governorate, Wadi al-Natrun Prison
194. Usama Ibrahim, al-Sharqiyya
governorate, Wadi al-Natrun Prison
195. Muhammad Nagib 'Abd al-Ghani,
al-Sharqiyya governorate, Wadi al-Natrun Prison
196. Hasan 'Uthman, al-Sharqiyya
governorate, Wadi al-Natrun Prison
197. Hamdi 'Allam, al-Sharqiyya
governorate, Wadi al-Natrun Prison
198. Muhammad 'Awda, al-Sharqiyya
governorate, Wadi al-Natrun Prison
199. Ashraf Baghdadi, al-Sharqiyya
governorate, Wadi al-Natrun Prison
200. Tamir Subhi, al-Sharqiyya
governorate, Wadi al-Natrun Prison
201. Muhammad Mustafa Isma'il Hindi,
202. 'Amro Muhammad Sa'd Haggag,
203. Mustafa Hasan 'Abbas,
204. 'Ali Nasrallah Zabadi,
205. Mustafa Ahmad 'Abd al-Ghani,
Bani Suwaif governorate, Wadi al-Natrun Prison
206. 'Abd al-Halim 'Amr Ahmad Hasanain,
Bani Suwaif governorate, Wadi al-Natrun Prison
207. 'Imad Hamdi Gabr, Fayum
governorate, Wadi al-Natrun Prison
208. 'Abd al-Rahman 'Abd al-'Aziz
Sulaiman, Fayum governorate, Wadi al-Natrun Prison
209. Muhammad Fikri 'Abd al-'Al,
Fayum governorate, Wadi al-Natrun Prison
210. Bakri Rabi' Muhammad, Fayum
governorate, Wadi al-Natrun Prison
211. 'Amr Husain Riyad, Fayum
governorate, Wadi al-Natrun Prison
212. Nasir Mahmud Musa Mana', Fayum
governorate, Wadi al-Natrun Prison
213. Hasan 'Anbar, Suhag
governorate, Wadi al-Natrun Prison
214. Muhammad 'Abd al-'Aziz,
215. Muhammad Farag,
216. Muhammad Ziyada,
217. Hamid Mansur,
218. Muhammad Zakariyya Mahmud,
al-Daqahliyya governorate, al-Mansura Prison
219. Muhammad 'Abd al-Rahman Yusif,
al-Daqahliyya governorate, al-Mansura Prison
220. Muhammad 'Abd al-Ghani Farag,
al-Daqahliyya governorate, al-Mansura Prison
221. Muhammad Nagib al-Naggar,
al-Daqahliyya governorate,
222. Ahmad Muhammad al-Shinawi al-Naggar,
al-Gharbiyya governorate,
223. '
224. Nasr Muhammad al-Sayyid Nur,
al-Gharbiyya governorate,
225. Muhammad Basyuni al-Qusbi,
al-Gharbiyya governorate,
226. Fawzi
al-Murasi al-Dusuqi Nowfal, al-Gharbiyya governorate, Tanta Prison
*******
Egyptian Military
Tribunals,
Long History of Law,
Human Rights Violations
The decision of transferring the Muslim Brotherhood's (MB) second deputy
chairman Khairat Al Shater and 39 other MB leaders to a military court reopened
the file of Egyptian military tribunals and the suffering of the Egyptian
people, particularly the Muslim Brotherhood group, due to violating the
simplest human right, i.e. that the one is tried in front of a civil judge who
secures a fair trial.
The Egyptian regime is a leading regime in using the emergency laws as
it has been using the emergency laws since president Mubarak assumed office in
1981, i.e. 25 years during which the emergency law was mischievously used to
the extent that the number of detainees reached nowadays about 18 thousand
political detainees. Add to this regularly transferring civilians to military
courts without any need for doing so; transferring civilians to military
tribunals was only up to the whims of Mubarak and his regime without taking
into consideration the defendants' right to defend themselves.
We will discuss in this report some of the powers of the military
tribunals, the difference between them and civilian courts, the date of
starting these trials in the modern age in
1- The Military
Justice in Egyptian Legislations, International Covenants Concerned with Human
Rights .
The law no.
25 of the year 1966 amended by law no. 1 of the year 1983 organized the
authorities of forming military tribunals. This law violates the principle of
consistency and unity of justice, as usurps the authority of the ordinary civil
courts, and denies the citizen his rights to appear before a civil judge.
This law stipulates:
"Extending the authority of the military tribunals to include
civilians working at the Armed Forces and the state security cases stated in
the first and second chapters of the penal code. Also, the sixth article of the
law entitles the president, under the state of emergency, to transfer any case
under the penal code or any other code to the military court.
This law denies civilians their right to appear before the civilian
judges to be tried for crimes not related to the military system both in
ordinary or emergency conditions and to appear in front of a judicial authority
with an exceptional nature.
Many guarantees of specialization, independence and neutrality which
are supposed to be found in the civilian courts as prescribed in the 14th
article of the International Covenant on Civil and Political Rights, are mostly
absent under the military justice. This is because the military tribunals which
are exclusively consisting of military officers don't condition that these
officers have any appropriate legal license. Also, the independence of the
military tribunals is marred because they are part of the public administration
of military justice which is affiliated to the High Command of the Armed
Forces. Add to this that their judges remain in this post for two years and can
be dismissed at any time.
This law doesn't have any text that obliges the rulings issued by the
military tribunals to be supervised by a higher Court to observes a right
application of the law, as the rulings are ratified by the president as he is
the supreme commander of the armed forces or any authorized officer from the
Armed Forces.
The military law violates the general principles adopted in the code of
criminal procedure as it doesn't define a maximum period for provisional
detentions.
Accordingly, the rulings of this law conflict with Article 14 of the
International Covenant on Civil and Political Rights that states in the first
item that:" All persons shall be equal before the courts and tribunals. In
the determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and public
hearing by a competent, independent and impartial tribunal established by
law.....". and that states in its fifth item that:" Everyone
convicted of a crime shall have the right to his conviction and sentence being
reviewed by a higher tribunal according to law."
For the same reasons, the texts of this law contradict with" the
basic principles of the judiciary independence", that state in the fifth
article that:" Every one has the right to be tried in front of civil
courts or judicial authorities that apply the prescribed legal procedures. It
is not permissible to establish judicial authorities that don't apply the
scheduled legal procedures according to the principles of the judicial
measures, in a way that may remove the judicial power of ordinary courts".
More accurately clearly, the military tribunals lack the criteria of a
fair trial approved by article 14 of the International Covenant on Civil and
Political Rights, which consist of the following:
1-Equality is in front of
justice .
2-To be tried in public
3-Independence, neutrality
and authority of the court
4-That every one has the
right to be presumed innocent until proved guilty according to law.
5-That every one is
given enough time and facilities to prepare his defense.
6-That the rulings are made
public.
7-The every one examines, or
has examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses
against him.
8- Everyone convicted of a
crime shall have the right to his conviction and sentence being reviewed by a
higher tribunal according to law.
2-Military
Tribunals, Lacking Guarantees of Fair Trial
Although
the Egyptian law guarantees giving enough time for defendants to defend
themselves, it ignored the factor of time in the military tribunals.
To Cite Examples:
-In the case of The
Returnees from
-In the case of hitting
tourism, the trial lasted 28 days and ended with issuing seven death sentences.
-In the case no. 19 of the
year 1992, known as Zainhum Case, the trial lasted 22 days and ended with two
death sentences against two defendants.
-In the trial of those
charged of attempting a coup, Organization of 19, the case lasted no more than
25 days and ended with issuing two death sentences.
-Al-Shawkiyeen case lasted
59 days and ended with issuing four death sentences.
-The case of Talaie Al-Fath
(Vanguards of Conquest) - part one- in which eight were sentenced to death
lasted 67 days.
-The quickest case was
trying those charged of attempting to assassinate the Minister of Information,
as it lasted 19 days and ended with issuing death sentences against six
defendants.
-There is also the quick
case of assassinating officer Ali Khater in
3-Date
of Starting Military Tribunals In Modern Age
Transferring civilian suspects in terrorism cases to military tribunals
in
This took place on Dec., 3rd 1992, although the Administrative Court in
the State Council issued a ruling on Dec., 8, 1992, of canceling the decision
of referring the defendants to the Supreme Military Tribunal according to
Article 6 of the military law that did not entitle the president to refer
specific cases or specific persons that were included in the presidential
decree.
4-Well-Known
Military Tribunals Against the Muslim Brotherhood
Starting from 1995, seven military tribunals were held against Muslim
Brotherhood leaders, the latest of which was transferring Eng. Khairat Al
Shater and 39 Muslim Brotherhood leaders to a military tribunal, to rais to 180
the number of MB members referred to this unconstitutional tribunal. The
following table shows military courts against the Muslim Brotherhood (MB) from
1995 to 200:7
A table shows military
courts against the Muslim Brotherhood (MB)
|
|
Case |
Ruling Date |
No. Defendants |
Convicted |
Acquitted |
Notes |
|
1 |
8/1995 |
|
49 |
24 |
15 |
Sentenced 3-5 yrs |
|
2 |
11/1995 |
|
22 |
20 |
12 |
Sentenced 3-5 yrs |
|
3 |
12/1995 |
|
3 |
2 |
1 |
Sentenced 15 yrs |
|
4 |
5/1996 |
|
13 |
8 |
5 |
Sentenced 1-3 yrs |
|
5 |
18/1999 |
|
20 |
15 |
5 |
Sentenced 3-5 yrs |
|
6 |
29/2001 |
|
22 |
16 |
6 |
Sentenced 3-5 yrs |
|
7 |
963/2006 |
|
44 |
|
|
Tribunal not held yet |
|
|
Total |
|
180 |
95 |
55 |
|
This is a little part of a painful reality that the Egyptian people are
living under the rule of Mubarak's terrorist regime that ignored all Egyptian
and international laws to maintain power, even if the cost is to survive on the
ruins of the Egyptian people.
*******
With Greeting
Ikhwan Message Newsletter
riseditor@hotmail.com ikhwanpress.com
*******